Planning Beyond Humans: Thoughtful Estate Planning for Pet Care in India

For many families today, pets are not just companions, they are integral members of the household. As wealth and family structures evolve, estate planning conversations are increasingly extending beyond financial assets and human beneficiaries to include the long-term care and well-being of pets. 

Yet, planning for pets within the Indian legal framework requires both emotional sensitivity and legal precision. Good intent alone is not enough; what truly matters is how clearly and practically those intentions are translated into an estate plan. 

The Legal Reality: Pets and Indian Succession Laws 

Under Indian succession laws, pets cannot be treated as legal beneficiaries because they are not recognised as persons. This often comes as a surprise to pet owners. However, this does not mean that provisions for a pet’s care are unenforceable. 

The correct approach is to appoint a human caregiver or executor who is entrusted with the responsibility of caring for the pet, along with a clearly earmarked financial provision for that purpose. From a legal standpoint, enforceability depends far less on emotional intent and far more on clarity, structure, and alignment with the broader estate plan. 

In our experience, the most common drafting weaknesses arise from: 

• Vague language around care responsibilities 

• Failure to clearly specify the amount allocated for the pet’s care 

• Lack of guidance on how those funds should be used 

• Absence of alternate caregivers 

• Poor alignment with the rest of the estate plan, leading to ambiguity or disputes among heirs 

When these elements are not addressed, even well-meaning provisions can become ineffective. 

Financial Planning for a Pet’s Lifetime Care 

Most Indian pet owners choose a will-based arrangement, leaving a defined sum to a trusted individual who agrees to care for the pet. This is often supplemented with written instructions covering daily routines, veterinary care, dietary preferences, and quality-of-life decisions. 

The key challenge lies in realistically estimating the financial provision. Effective planning starts with current expense patterns, not assumptions. Factors that must be considered include: 

• The pet’s age, as older pets often require higher medical spending 

• Breed-specific health risks 

• Existing medical history 

• Ongoing costs such as food, grooming, vaccinations, boarding, and insurance (if applicable) 

These expenses should be projected over the pet’s expected lifespan, with an added buffer for emergencies and rising veterinary costs. Underestimating this provision can unintentionally burden the caregiver, while realistic planning ensures dignity and continuity of care for the pet. 

When Does a Trust Make Sense? 

In certain situations, families explore the option of setting up a private trust for pet care. This is usually considered when: 

• The financial provision is substantial 

• The pet has specialised or long-term medical or care needs 

• The owner wants tighter control and oversight over how funds are used 

• The caregiver and the person managing the money need to be different individuals 

While trusts can offer greater control, they also come with practical trade-offs, higher legal costs, stamp duty, trustee responsibilities, and ongoing compliance requirements. 

For most families, a well-drafted will is often a simpler, more cost-efficient, and easier-to-execute solution. Trust structures should be used selectively, where complexity genuinely warrants them, rather than by default. 

Learning from Potential Disputes 

While disputes over pet care after an owner’s death are not common, they can arise unintentionally. Typical scenarios include caregivers backing out due to lifestyle or financial constraints, disagreements among family members over responsibility, or questions around how allocated funds are being utilised. In the absence of a fallback plan, pets can be left in uncertainty at precisely the moment they are most vulnerable. 

The key lesson is that effective planning goes beyond naming a person in a will. Responsible pet care planning involves: 

• Having candid discussions with proposed caregivers in advance 

• Clearly documenting expectations and responsibilities 

• Naming alternate caregivers 

• Ensuring the financial provision matches the responsibility being assigned 

A Thoughtful Extension of Legacy Planning 

At its core, estate planning is about responsibility, foresight, and care, values that extend naturally to the way families plan for their pets. Thoughtful structuring not only protects the pet’s welfare but also reduces emotional strain on surviving family members. 

When done well, pet care planning becomes a quiet, yet powerful reflection of a family’s values: clarity over ambiguity, preparation over assumption, and care that continues even in absence. 

At Entrust Family Office, we believe these nuances matter. Estate planning is not merely about asset transfer, it is about stewardship, in every sense of the word.